LD 2245
pg. 201
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LR 1087
Item 1

 
certificated security and also by filing against investment
property. Debtor receives proceeds of the security consisting of
a dividend check that it deposits to a deposit account. Because
the check and the deposit account are cash proceeds, SP-1's and
SP-2's security interests in the cash proceeds are perfected
under Section 9-315 [Maine cite section 9-1315] beyond the 20-day
period of automatic perfection. However, SP-2's security
interest is senior under subsection (c) [Maine cite subsection
(3)].

 
Example 10: SP-1 perfects its security interest in investment
property by filing. SP-2 perfects subsequently by taking control
of a certificated security and also by filing against investment
property. Debtor receives an instrument as proceeds of the
security. (Assume that the instrument is not cash proceeds.)
Because the instrument is not of the same type as the original
collateral (i.e., investment property), SP-2's security interest,
although perfected by filing, does not achieve priority under
subsection (c) [Maine cite subsection (3)]. Under the first-to-
file-or-perfect rule of subsection (a)(1) [Maine cite subsection
(1), paragraph (a)], SP-1's security interest in the proceeds is
senior.

 
The proceeds of proceeds are themselves proceeds. See Section
9-102 [Maine cite section 9-1102] (defining "proceeds" and
"collateral"). Sometimes competing security interests arise in
proceeds that are several generations removed from the original
collateral. As the following example explains, the applicability
of subsection (c) [Maine cite subsection (3)] may turn on the
nature of the intervening proceeds.

 
Example 11: SP-1 perfects its security interest in Debtor's
deposit account by obtaining control. Thereafter, SP-2 files
against inventory, (presumably) searches, finds no indication of
a conflicting security interest, and advances against Debtor's
existing and after-acquired inventory. Debtor uses funds from
the deposit account to purchase inventory, which SP-1 can trace
as identifiable proceeds of its security interest in Debtor's
deposit account, and which SP-2 claims as original collateral.
The inventory is sold and the proceeds deposited into another
deposit account, as to which SP-1 has not obtained control.
Subsection (c) [Maine cite subsection (3)] does not govern
priority in this other deposit account. This deposit account is
cash proceeds and is also the same type of collateral as SP-1's
original collateral, as required by subsections (c)(2) (A) and
(B) [Maine cite subsection (3), paragraph (b), subparagraphs (i)
and (ii)]. However, SP-1's security interest does not satisfy
subsection (c)(2) (C) [Maine cite subsection (3), paragraph (b),
subparagraph (iii)] because the inventory proceeds, which
intervened between the original deposit account and the deposit


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